IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001004 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his record to show award of the Bronze Service Medal (BSM) he received for his service in Korea.

2.  The applicant states:

* there is no record of the BSM that he earned in 1950
* the BSM is improperly shown as a bronze star with his Korea Campaign Ribbon (KCR) (properly known as the Korean Service Medal (KSM)) 
* it should stand alone
* he just found his original DA Form 20 (Enlisted Qualification Record) that supports his claim of the BSM

3.  The applicant provides:

* Page four of his DA Form 20
* His DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 13 April 1951
* Two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 April 1963 and 31 July 1968

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 28 June 1948 for a period of
3 years.

3.  Section 29 (Record of Current Service) of his DA AGO Form 20 (Soldier's Qualification Record) shows he was assigned to the 1st Cavalry Division, Camp Drake, Japan on 5 April 1950.

4.  His WD AGO Form 24A (Service Record) shows in:

* Section 14 (Service Outside Continental United States) he was assigned to Pusan, Korea on 30 August 1950
* Section 21 (Medals, Decorations, and Citations) only award of the Combat Infantryman Badge

5.  Paragraph g of a Certificate, issued by the Medical Holding Detachment, Walter Reed Army Hospital, Washington, D.C., dated 11 October 1950, shows the applicant affirmed that he was assigned to:

* Company A, 7th Cavalry Regiment, 1st Cavalry Division, Korea from 3 August to 22 September 1950
* Tokyo Army Hospital, Tokyo, Japan from 23-26 September 1950

6.  His record contains a DA Form 20, signed by the applicant on 26 May 1965 and last audited by the applicant on 5 February 1968.  It shows in:

	a.  item 31 (Foreign Service) he served in the Far East Command (FECOM) from 6 April through 27 September 1950;

	b.  Item 38 (Record of Assignments) does not show his specified duty assignment in Korea;

	c.  Item 41 (Awards and Decorations) he received among other awards the KSM and a Korea Unit Citation in 1950.  It does not show any award of the BSM.

7.  There are no orders or evidence in his record and he did not provide any corroborating evidence that shows he was awarded the BSM for his service in Korea.

8.  On 13 April 1951, he was honorably discharged for the purpose of immediate reenlistment.  He completed 2 years, 9 months, and 15 days of total active service during this period.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows, in effect, the:

* Purple Heart
* KSM with one bronze service star
* Army of Occupation Medal with Japan Clasp
* Combat Infantryman Badge
* Presidential Unit Citation

9.  He submitted a copy of page four of the aforementioned DA Form 20 that he signed on 26 May 1965, which includes a handwritten entry that indicates that General Orders Number 106, DPA, WDC, 1950, awarded him the BSM.  However, the DA Form 20 contained in his record that was signed by the applicant with the same date and last audited on 5 February 1968 does not contain the same handwritten entry.

10.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the KSM, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the BSM is acknowledged; however, his record does not contain any orders nor has he provided any orders or other corroborating evidence showing he was awarded the BSM.

2.  The DA Form 20 contained in his record does not show he was awarded the BSM and there is no corroborating evidence that shows he was awarded the BSM.  Additionally, the "KCM & one bronze star" entry on his DD Form 214 merely indicates he participated in one campaign phase during his service in Korea.

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  __X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      		___________X__________
      	         		CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20110001004



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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